Wixom Lake boating death deemed accidental

"This is an accident," said a Midland County judge Thursday afternoon, issuing his decision that a man charged in connection to a fatal boating crash should not stand trial for the incident.

"I have struggled to seek a rationale to support the prosecution on bind over, seen the agony on the families' faces," District Court Judge Robert L. Donoghue said, adding Christopher Charles Evans' life always will be marked by the tragedy.

"Oh my God," said Evans' wife from the gallery after Donoghue stated his decision and as others in the packed courtroom began to cry.

Evans, 38, Beaverton, was charged with one count of failing to stop at the scene of a marine accident causing death and two counts of failing to stop at a marine accident causing serious impairment or death. The crash occurred in the early morning hours of July 9 on Wixom Lake.

Officials in Midland and Gladwin counties were unsure at first which county the crash occurred in, and the state's attorney general designated Midland County as the venue for court proceedings.

In issuing his decision, Donoghue read from transcripts of the preliminary hearing, conducted during two court dates, listing pertinent facts including:

* Hackworth's autopsy report showing his cause of death was massive head trauma.

* medical reports of the passengers in the boat Hackworth was operating.

* testimony of numerous people from a pontoon boat who said they did not see lights on the object that Evans' boat struck, they did not know that object was a boat, and that Evans did stay at the scene and help search for the object that was struck. After Evans left the crash site, the people on the pontoon boat discovered the object was a boat, and that people were hurt.

* Evans' interview by law enforcement officials in the hours after the crash.

"Clearly, everyone knew an accident occurred," Donoghue said. "Evans did follow the pontoon for a period of time," but left before the people on the pontoon discovered the crash involved another boat and people were injured.

Michigan laws require the operator of a vessel to stay at the scene to help injured people and to give identification, Donoghue said, stating the major question in the case was if it should be bound over when no one was found at the scene of the crash for Evans to help or give his identification to.

Members of Evans' group of family and friends filed out of the courtroom and into the lobby, where they declined to comment after the decision, while Midland County Prosecutor Mike Carpenter spoke to the family and friends of Hackworth, who remained in the courtroom.